United States v. Martin Paez-Reynoso

68 F.3d 482 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. UNITED STATES of America, Plaintiff-Appellee, v. Martin PAEZ-REYNOSO, Defendant-Appellant. No. 94-50407. United States Court of Appeals, Ninth Circuit. Argued and Submitted May 12, 1995. Decided Oct. 6, 1995. 1 Before: HALL and LEAVY, Circuit Judges, and HOGAN, * District Judge. 2 MEMORANDUM ** 3 Martin Paez-Reynoso ("Paez-Reynoso") appeals from his sentence, arguing that the government breached its plea agreement when it affirmatively requested the district court not to depart downward from the offense level recommended in the Presentence Report. The government justified its actions by referring to criminal conduct of Paez-Reynoso which it had learned of after entering into the plea agreement. The district court, noting the defendant's failure to be forthcoming concerning his full criminal record during plea negotiations, declined to depart downward 1 and accepted the total offense level recommended in the…